R v Nguyen [2021] NSWDC 295

R v Nguyen [2021] NSWDC 295

The accused established, on the balance of probabilities, the statutory defence under s 193C(4) of the Crimes Act 1900: that he had no reasonable grounds for suspecting the $40,000 was substantially the proceeds of crime, given the court accepted the evidence of his father and Ms Tran as to the money's provenance, and was not satisfied beyond reasonable doubt to the contrary. Accordingly, the accused must be found not guilty.

Parties
Crown: Director of Public Prosecutions; Offender: Richard Nguyen
Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Criminal / Trial Verdict
Outcome
Not Guilty
Legal Topics
Dealing With Property, Proceeds of Crime, Statutory Defence Under Crimes Act 1900 S 193 C(4), Assessment of Credibility, Burden of Proof
Criminal Law Dealing With Property Proceeds of Crime Statutory Defence Under Crimes Act 1900 S 193 C(4) Assessment of Credibility Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Director of Public Prosecutions

Crown

Richard Nguyen

Offender

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Whether the accused dealt with property reasonably suspected to be proceeds of crime under s 193C(2) of the Crimes Act 1900
  2. 2 Whether the statutory defence under s 193C(4) of the Crimes Act 1900 was established on the balance of probabilities

Ratio Decidendi

The accused established, on the balance of probabilities, the statutory defence under s 193C(4) of the Crimes Act 1900: that he had no reasonable grounds for suspecting the $40,000 was substantially the proceeds of crime, given the court accepted the evidence of his father and Ms Tran as to the money's provenance, and was not satisfied beyond reasonable doubt to the contrary. Accordingly, the accused must be found not guilty.

Court Disposition

Not Guilty

Orders

  • Verdict of not guilty entered on the Indictment.